Starting Jan. 27, newly permitted resource roads will be regulated throughout their construction, operation, closure and reclamation to limit adverse environmental effects and ensure the health and safety of industrial road users.
The Yukon government announced an update to the territory’s resource road regulations which the government claimed would provide clarity on the construction and use of new resource roads, set to take effect on Jan. 27, 2025.
Matt Ball, a Yukon government spokesperson, confirmed that the updated regulations outline new rules for road reclamation and financial security requirements, enforcement and a requirement for public engagement prior to the designation of new resource roads.
Development sectors have constructed resource roads across the Yukon, which eventually turn into unmaintained highways under the Highways Act, Ball said. The new regulation enforces a mandatory reclamation requirement for new resource roads, challenging the status quo of “build it and leave it,” Ball added.
The department of energy, mines and resources is set to enforce and monitor resource road regulations once the changes come into effect. Natural resource officers will be tasked with enforcing permit terms, controlling access and conducting planned inspections of resource development sites.
Private sector developers will be required to submit an operational plan addressing safety measures throughout the lifecycle of proposed resource roads when the regulation takes effect, Ball said. This plan requires applicants to address specific safety measures, such as signage, traffic control recommendations and protocols for emergency situations.
The private sector will also be required to provide sufficient upfront funds to cover the full costs of resource road reclamation after the project’s completion, Ball said. He added that the regulation was designed to encourage shared road use and to incentivize cost sharing arrangements.
The Yukon government currently provides funding to build or upgrade existing resource roads through the Resource Access Road Program, but nowhere in the guidelines does it provide guidelines for applicants seeking funds for reclamation.
A Dec. 12 Yukon government press release states that the new regulation will not affect existing resource roads unless re-designated through a formal public engagement process. Newly permitted resource roads will be regulated throughout their construction, operation, closure and reclamation to limit adverse environmental effects and ensure the health and safety of industrial road users, the release adds.
“These regulations will help limit the extent of new roads on the landscape, protect the environment during their construction and use and ensure reclamation is done at the end of a project,” said energy mines and resources minister John Streicker.
An Aug. 20 Yukon government press release states that the new resource road regulation underwent scrutiny through feedback provided by Yukon First Nations, Indigenous transboundary groups, industry and the public.
Bell stated that a First Nation working group was established to review the draft regulation and address issues raised during consultation phases. This resulted in improvements to the current regulation set to take effect next year, he added.
According to the “What We Heard” report on the resource road regulation, Champagne and Aishihik First Nations, Kwanlin Dün First Nation, Tr’ondëk Hwëch’in and Vuntut Gwitchin First Nation provided feedback on the Yukon government’s draft in spring 2023.
The Yukon government pursued a comprehensive resource roads regime with public consultations having taken place in 2014, 2018 and 2023, helping take shape the current state of resource road regulations under the Territorial Lands Act.